Withdraw I-130 in Favor of I-485 - Good Idea or Colossal Waste of $420?

[Spivian 0]

My husband and I submit our CR-1/I-130 and received a notice of action telling us our case would be rerouted to the Nebraska service center in Dec, 2013.

I've been in the US visiting since May and plan to stay for the full duration of the 6 month visiting limit.

Considering the Nebraska center seems to only be processing I-130 cases from July 2013.. Would it be a better idea to withdraw our I-130 application and instead just try for the I-485? Other than it being a waste of $420?

I'd like to be able to work in the US as soon as possible. So it might work out to try for the 485 instead, and I get to stay with my spouse.

What I'm worried about is if that will look bad in the eyes of the USCIS. Also, would it be a waste in both senses considering the I-130 might POTENTIALLY go through sooner than a I-485 possibly would?

What do you guys think? Is this just a crazy idea?

[Harpa Timsah 13,258]

No, that won't work at all. You seem confused about what is what, and your proposed plan leads to nothing.

If you want to stay in the US now and adjust status, you can, but you will still need that I-130 for that. You will fill out the I-485 packet and send a long a copy of your NOA1 from the I-130, and USCIS will match it up and make it a concurrent I-130/I-485 case.

Filing a I-485 with no petition underlying it is a dead end.

Good luck.

[Spivian 0]

No, that won't work at all. You seem confused about what is what, and your proposed plan leads to nothing.

If you want to stay in the US now and adjust status, you can, but you will still need that I-130 for that. You will fill out the I-485 packet and send a long a copy of your NOA1 from the I-130, and USCIS will match it up and make it a concurrent I-130/I-485 case.

Filing a I-485 with no petition underlying it is a dead end.

Good luck.

Ohh ok. I thought from the USCIS website and from people talking on the forum that you could file the I-485 alone if you were already legally landed in the US.

And I was also under the impression that you had to wait until your I-130 had gone through entirely before you could submit your I-485.

Neither of those are true?

[Harpa Timsah 13,258]

Nope, neither are true.

[Spivian 0]

Ok. Thanks for clearing that up.

I'll dig around to get the I-485 submitted right away.

[Harpa Timsah 13,258]

Here is the VJ guide. http://www.visajourney.com/content/i130guide2

You have done the I-130 part, but you will need to include a copy of the NOA1 from the I-130 in the I-485 package so they can get matched up.

Good luck.

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[kzielu 1,153]

Ok. Thanks for clearing that up.

I'll dig around to get the I-485 submitted right away.

Just make sure you read this http://www.visajourney.com/content/i130guide2 guide first and submit I-693 (having done medical first) and I-864 with all supporting docs with your I-485.